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Driving - Insurance claim who's fault?
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Driving - Insurance claim who's fault?

I stalled on a roundabout and a taxi ran into the back of my car - who is at fault?


    




Kirsty
i am an insurance claims handler so i can say with certainty that as you were hit in the rear that it was the taxi's fault. this is one of the easiest claims to settle. it doesn't matter if you stalled. i once dealt with a claim where the person in front deliberately did an emergency stop to prove a point to our client that he wasn't leaving enough space between them and it was still our clients fault. especially at low speed on a roundabout it should have been easy to avoid!


gadriel
In the UK. This is nice and easy as the Highway code states that you should always maintain a safe stopping distance from the car in front.

The taxi didn't do that. The fact you stalled is totally irrelevant. You may have set off and had to stop suddenly for people/cat/dog/car etc.

Taxi at fault. He should have made sure the coast was clear before proceeding.

All the best and happy motoring


wednesday
Rating
I'd say the taxi driver, because he/she should have been looking where they were going, if you get the damage to your car looked at they should know who's fault it was and who to claim from.


kevin h
Rating
The taxi driver is at fault because he/she ran into the rear of a stationary vehicle,don't let your insurance company go knock for knock they do this to avoid a costly court case and it may mean that you lose your no claims bonus


merigold00
Rating
Probably the taxi - you are supposed to have enough time/space to avoid hitting other cars - otherwise it is called tailgating. Here in AZ he would probably get a ticket for "failure to control speed to avoid collision"

However, the insurance companies don't have to use that to decide who pays...


Trevor h
Rating
The taxi driver!
Even in a multiple pile-up, the last guy gets the blame - undue care and attention!


Tbone
Rating
You are never at fault if you are hit in the rear. The other driver must always stay back at a safe distance.


c.j.davies
Rating
Taxi - should have safe gap between vehicle in front


paranoidtaxi
Rating
the taxi there should be enough space for him to stop safely therefore he was too close so driving dangerously


saajan_1982
Rating
it's the taxis fault. as he was driving too close to you. so you will win the claim due to the ovarall stopping distance. so i wouldn't worry about it if i was you


The Lone Gunman
Rating
In general, if something hits you from behind, it is their fault, not yours, since he was either too close, or not paying attention. My one small doubt is that a cabby is a professional driver, so he may have some mitigation.
But if there was damage done, you really should report it to the police.


keithmanley2000
Rating
taxi


eireblood2
The Taxi. The car behind will lose the case because he was too close.


M J H
Normally speaking the car behind is considered at fault, but I have never come accross your specific situation of stalling on a roundabout.... was it as you tried to pull out onto the roundabout or were you actually going round when you stalled?


aajstephen
Rating
I would say the taxi because he didnt leave enough distance between you and him to brake safely. Plus I would say he wasnt paying due care and attention.


mikeygp4
The reason for your vehicle stalling could be a factor. If you didn't put gas or if you're knowingly driving a malfunctioning car, you could be found at or partially at fault.


m1jwt
the taxi driver is to blame as he obviously wasnt paying attention
i take lessons and stall quite often and no one has hit me and he or she should have seen the car stalling


♥*´M`*♥
Rating
The guy who drove into the back of you as he was not paying attention to what was going on - his fault 100%


spiegy2000
Rating
Strictly speaking, it is the taxi, however insurance companies will try anything. My sister was hit by a car going THE WRONG WAY round a roundabout, it took the 2 insurance companies THREE MONTHS to decide whose fault it was.


yiannis the greek
Rating
the taxi.if you get hit on the back is not you fault


mbrcatz
The Taxi is.

Most states have "standards of fault", and rearending someone in front of you is one of the standards.


Nathan
The taxi should have been at least two seconds away from you ensuring that he could have stopped in time.


John F-H
Rating
Under the road traffic act, the person that ran into you is at fault. If police were on scene, driver could be charged with driving without due care and attention.





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